Defending Brain Injury Cases: Measuring Loss of Function
Developing Objective Evidence of Plaintiff's Pre- and Post-Accident Conditions
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will offer guidance from defense counsel in brain injury litigation about investigating and developing a record to demonstrate and measure as objectively as possible the plaintiff's pre-and post-accident condition and lifestyle when mild, moderate, and traumatic brain injury has been alleged. The panel will also discuss best practices for using the information before trial in settlement discussions and for presenting it to the jury.
Outline
- Introduction to different categories of brain injury
- Developing objective evidence of plaintiff's pre-accident condition or baseline
- Developing objective evidence of plaintiff's post-accident condition
- Common defenses
Benefits
The panel will review these and other important questions:
- Is it helpful or necessary to develop an opinion about a plaintiff's subjective good faith in bringing a brain injury claim?
- What is the difference between objective evidence of injury and a subjective complaint?
- What is the role of the plaintiff's social media in brain injury litigation?
Faculty
Melissa Gardner
Partner
Clyde & Co
Ms. Gardner is a talented trial attorney that has obtained numerous defense verdicts over the years in a multitude of... | Read More
Ms. Gardner is a talented trial attorney that has obtained numerous defense verdicts over the years in a multitude of states. Her core practice areas include personal injury, premise liability, and trucking and transportation. Ms. Gardner also has substantial litigation experience defending medical fraud, product liability, insurance coverage, and bad faith and fraud matters in both state and federal courts. She is qualified in handling all aspects of litigation from case inception through resolution by settlement, trial or on appeal. Ms. Gardner has acted as monitoring counsel in high-exposure matters and is also a member of the American Board of Trial Advocates (ABOTA).
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Kenneth P. Williams
Shareholder
Segal McCambridge Singer & Mahoney
Mr. Williams is a successful trial attorney defending corporations around the country in complex coverage, property,... | Read More
Mr. Williams is a successful trial attorney defending corporations around the country in complex coverage, property, product liability, commercial litigation matters. He represents insurance carriers and individual corporations in coverage and personal injury litigation and also litigates high-stakes employment discrimination cases on behalf of private individuals. Additionally, Mr. Williams practice includes the defense of civil rights and wrongful death claims under 42 U.S.C. § 1983 against law enforcement officers, correctional staff and municipal entities, including allegations of constitutional violations, inadequate medical care and institutional liability. His extensive experience in both federal and state courts includes a diverse civil jury trial practice in Michigan, along with Florida, Illinois, Louisiana, New York, New Jersey, Pennsylvania and Texas. Mr. Williams also advises insurers on cybersecurity coverage, provides counsel on a range of coverage issues, and represents clients in rideshare liability, bad faith and declaratory relief actions involving general liability, homeowner, auto and E&O policies.
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